On September 26th it was reported in the media (On TT HERE) that the Chief Commissioner of Tasmania’s Integrity Commission, Murray Kellam QC had said there was no evidence of systemic corruption uncovered during the first year of the commission’s operation.

Commissioner Kellam was quoted as saying: “I really don’t see our central focus as chasing down naughty people. It’s a different culture down here, and I think that culture is best served by the way we tend to work, and that’s quietly with an educational focus and trying to encourage a culture of openness and transparency.”

Surely this was a premature statement given that the commission’s 12 month submissions deadline wasnot to close for another 4 days, the 30th of September 2011.

Equally there were no assurances that all cases had been thoroughly investigated and findings released.

Of the 160 cases which have gone before the commission so far, we have no idea regarding whether the complainant feels their case has been dealt with adequately; or if they have sought to take their case to a further appeals process.

Surely there should be some public assurance that complainants feel they have received a satisfactory outcome.

The commission is based on the New South Wales Integrity Commission against Corruption ICAC model. But it does not include the broad range of powers of that ICAC nor does it have a completely independent panel; they are from Tasmanian Public sector backgrounds.

Surely there is a perception of conflict of interest here.

Commissioner Kellam may be independent and unbiased; can the same be said of the board?

His stated aim of not chasing down naughty people but rather educating and trying to encourage a culture of openness and transparency is surely a very peculiar aim for an integrity commission.

Surely the role of the commission should be to root out those who have abused positions of power and hold them accountable and answerable to the law.

Focusing on removing undesirable elements in public life and making sure these people can no longer hold such positions again should be a core assurance.

The comment by commissioner Kellam sounds more like a slap on the wrist with an assurance it will not happen again as those implicated are now educated.

My view and experience is that Tasmanias public sector is marred by incompetence, stupidity, small mindedness; lack of adherence to procedural fairness.

This short-sightedness and lack of vision is something Tasmanians face daily.

And why should we have to suffer small mindedness and lack of adherence to procedural fairness and at what point does this become corruption?

Let’s say claims against a corrupt officer are investigated and dismissed by the commissioner when there is evidence of corruption. Would this particular scenario come under a lack of procedural fairness category? My guess is there are many cases in the too hard basket which relate to non-adherence to procedure.

In conclusion I don’t believe Commissioner Murray Kellam should have made statements regarding lack of evidence to substantiate systemic corruption until all submissions had been fully investigated and findings released.

It should be noted the TIC is able to make findings and recommendations in relation to its investigations and inquiries (Section 3 d) but is not able to impose sanctions.

There is no independent mechanism for dealing with complaints against the TIC or its staff; such as a special investigations monitor at Victoria’s OPI or a Parliamentary Inspector within the Western Australia CCC.

Perhaps it is time for Tasmanians to say the integrity commission has not and will not do what is needed.

I believe nothing short of a royal commission and an ICAC will do.

We would be very naive to expect that Tasmania with its small mindedness and nepotism is a squeaky clean state.

• Matthew Holloway is a freelance writer and social justice advocate from Tasmania: While in Tasmania i was a founding member of Tasmanians for Transparency as well as standing for both federal and state parliament. Currently living in Victoria I have worked in a number of roles in the community services sector, mostly in outreach social work and counselling with disadvantaged people in Melbourne. I have previously worked for a councillor in local government.

• ABC Online: SA to get anti-corruption body, says new Premier

An independent commission against corruption (ICAC) is to be established in South Australia.

The SA Government says the decision has been taken after a review of feedback on the need for a new investigative body.

A previously-announced model of an Office of Public Integrity will still be set up.

It is to refer appropriate allegations to an ICAC.

New SA Premier Jay Weatherill has played down former leader Mike Rann’s opposition to an ICAC.

“I want to make sure we are presenting to the South Australian people a Government that is open and accountable,” he said.

“I want to make sure that we maintain public confidence in government at all levels.”

In 2009, South Australia became only state without an ICAC when Victoria announced it would establish a commission.

Former premier Rann was a vocal opponent of having a state-based anti-corruption body and argued the federal arena could deal with the issue more effectively.

A private member’s bill supported by the Upper House failed to win Government backing.

The Director of Public Prosecutions argued SA needed an anti-corruption body and the Opposition said it was an essential measure, as did Independent SA Senator Nick Xenophon.

“My view and experience is that Tasmanias public sector is marred by incompetence, stupidity, small mindedness; lack of adherence to procedural fairness.”
Never were truer words written. I think this is one of the first things that hits immigrants to this State. Happens the first time they take up a routine issue with the local council or perhaps some other Government body.
Neighbour A (newcomer to the State) complains about neighbour B’s barking dog. Nothing happens. When pushed council respond that no-one else has complained.
Neighbour B (well known local)complains about neighbour A starting his lawn mower too early in the morning. Council immediately send out a threatening letter.
Is this corruption? Strictly speaking, probably not, lack of procedural fairness is not the same as brown paper bags full of cash, but the point is well made that this should also be looked at. Perhaps not at the petty level of my example but this sort of thing is going on right through Government up to the point where the Government enacts special legislation to help private companies.

Posted by Steve on 25/10/11 at 07:25 AM

There should be an ICAC in every state and territory, fully independent of Government, as a norm.

Posted by Russell Langfield on 25/10/11 at 07:33 AM

“Friends” of the Integrity Commission (.(JavaScript must be enabled to view this email address)) are collecting together examples of the many inappropriate
responses received back from the Integrity Commission and are keen to forward more on to Four Corners at http://www.abc.net.au/4corners/contact/

We are an apolitical organisation aiming to have the Tasmanian Integrity Commission perform as the majority of Tasmanians would wish it to.

If any readers would be willing to share the complaint and response letters that they might have, these would be handled by us in the strictest of confidence. Alternatively perhaps, provide them directly to Four Corners yourself at their contact webpage shown above.

The volume of complaint material and the Integrity Commission’s various reasons given for not investigating, will assist Four Corners to expose the truth regarding our current Integrity Commission.

Posted by Gareth Stebbins on 25/10/11 at 09:04 AM

Gareth Stebbins 3. Friends of the Integrity Commission is a great idea. Lara Giddings and Bryan Green must be very naive to think they could be trusted to select their own investigators.

Posted by Karl Stevens on 25/10/11 at 11:12 AM

I think Murray’s right. How can there be systemic corruption in a culture where the concept doesn’t appear to exist? How else could Prof Quentin Beresford see Tas as the rottenest apple on the Australian governance tree while Murray , the Governor, and others see the place as a suburb of heaven?

Sure , we’re seeing continual instances where the dictionary and law book definitions of corruption seems to fit like a glove, but none of those books are published here, are they?

The recent $34.5m gift to the loggers without any demonstrated legal right or obligation, and in the face of Gunns’ revealed correspondence indicating the opposite, is merely the latest evidence that Tas is something like a moral mirror universe.

John Hayward

Posted by john hayward on 25/10/11 at 11:21 AM

Steve (at #1) is right - councils often won’t enforce the barking laws according to sections 46-49 of the Dog Control Act 2000.

The main reason is that they don’t want to -and so, this being Tasmania with its “incompetence, stupidity, small-mindedness and lack of adherence to procedural fairness” - they just don’t.

When this media story featured how Mr Murray Kellam (former Supreme Court Judge now Chairman of Tasmania’s Integrity Commission,) discussed the way the TIC was going about its business, I was shocked into disbelief ... particularly by his statement, “we don’t really focus on naughty people,” and “No” he said “there is no systemic corruption here in Tasmania,”

Then when we reflect back to Mr Kellams words in his statements which were even the more the ridiculous, there was the mention of 160 odd submissions that have not really received the attention or interest so fervently sought by the ‘courageous 160’ of some form of investigative and or adjudicated outcome to their claims?

This statement in itself that effectively should cause the total shutdown of this nothing-burger flap-doodle commission of nil result, this body of the TIC?

Yes people, another example of gross State government ineptitude and further wasted State revenues!

Is this Mr Murray Kellam looking to follow in the footsteps of our present Governor, Peter Underwood?

Posted by William Boeder on 25/10/11 at 12:32 PM

“No” he said “there is no systemic corruption here in Tasmania,” because we don’t see what you public cacophones see ...

Posted by John Wade on 25/10/11 at 03:17 PM

#7 William, it is important to bear in mind that Jim Wilkinson wants the Integrity Commission shut down. Maybe Murray Kellam does too. But don’t we need some sort of anti-corruption watchdog. How about instead fix up the Integrity Commission?

Posted by Grant Beachley on 25/10/11 at 06:15 PM

Re #9
How about something real, like an ICAC or Royal Commission instead?

Posted by Russell Langfield on 25/10/11 at 06:32 PM

#9 Grant, in reply to your question, my concerns are not influenced by what Jim Wilkinson thinks should happen or to that of Mr Murray Kellam’s views and opinions.

Right from the word go I and many others were to believe that the TIC was to be set up as a watchdog to oversee (and or make a judgement to refer specific matters to the appropriate authority to follow up,) on the possible indiscretions of politicians ministers and those in authoritative roles in this State’s public service.

(Of particular interest is the speedy call by the new Premier of South Australia for an Independent Commission Against Crime, (ICAC) be set in place in the soonest instance for that State, obviously a most needed action to clean up the whole shop and doings in South Australia.)

Already this TIC has failed the people.
So to continue with or attempt to fix the present TIC, is in my mind, offering a form of consent to the already low standards of judgement issuing from this TIC.
In lieu of an ICAC specific to deal with criminal actions, at the very least this State must have a sharp-toothed Commission of Inquiry into Corruption, this to include the power to recommend action when such corruptions are discovered, direct to the State’s Police Forces!

Tis pointless to argy bargy with the present institution dealing with some degree of a possible failure of integrity, this State needs to rein in the State’s Beagle Boys now, then deal with them through the Tasmanian Law Courts, preferably by an Interstate Senior Judge presiding.
Anything less is but to pretend to show some degree of concern, then softly followed up by a request to “please be a good boy.”

Utter Nonsense if this State only pretends to clean up its failing upper level bureaucrats and dodgy State ministers!

Posted by William Boeder on 25/10/11 at 07:52 PM

The Tasmanian Integrity Commission is a total farce and an absolute waste of taxpayer money. I would be very happy to speak face to face with Commissioner Kellam as I believe I have more than ample evidence to substantiate a claim of systemic corruption in this State which includes a number of government agencies and others.

This State needs an ICAC with powers and needs to be legislated by the Commonwealth with no State input.

Posted by Suzzette Holloway on 25/10/11 at 09:10 PM

Tasmania must have An ICAC or commission of inquiry or royal commision and have its own independent powers with teeth. If you consider the Donnet-Jones case one would have to ask the question does this ... also exist in this states police force. The ICAC style body must conduct its own investigations. Commissioner Marney in the last commission of Inquiry held in Tasmania questioned the Government on the powers that the Commission had to work with.

Posted by Police Reform Alliance on 25/10/11 at 09:18 PM

tic, tick, tiC, tIC, TIC!
This reminds me of those films we saw at Brighton Army Camp where people were tinkering with explosive devices and they blew up in their face.
Perhaps the same could happen here with our TIC.

Posted by Clive Stott on 25/10/11 at 09:19 PM

Murray Kellam QC had said there was no evidence of systemic corruption uncovered during the first year of the commission’s operation.
He is pretty right you know with this statement because so many complaints were not investigated.
What’s that saying? Seek and ye shall find?
And what’s the other saying? It’s as plain as the nose on your face?

Posted by Clive Stott on 25/10/11 at 09:41 PM

#13, How can I join or subscribe to the Police Reform Alliance? Please post a readers comment on how to do this. Of all the areas of corruption within this state, Tas Police is the one which seems most in need of being urgently fixed up.

Those officers of Tas Police who are corrupt, act without much fear of retribution from members of the public. They have guns and can stop you from having a licence to even own a gun. In Qld, NSW, Vic and WA, it was the police forces of those respective states where the major part of the state’s corruption problem was.

The rest of the state public service would exercise more caution engaging in corrupt behaviour because they would be worried about their head going missing. But that is not the case for officers in Tas Police. There are even especially severe penalties for those who retaliate against the police.